Where a public authority’s obligation to repay bonds was conditioned of its receipt of rent from the city, and the city’s payment of that rent was conditioned on the appropriation of funds that were not, ultimately, appropriated, neither the city ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge A. Marvin Quattlebaum Jr.

The circuit court should have granted a construction company’s motion to compel arbitration after being sued by homeowners for allegedly defective construction. An arbitrator must interpret the arbitration clause in the parties’ contract and determine whether it is impossible to ...

Tagged with: Contract Justice Stephen R. McCullough Supreme Court of Virginia

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

Tagged with: Contract Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where an insurance company consistently advised a repair shop that it would pay the standard hourly rate to repair hail damage to the insured’s vehicle, the insured has not shown that an enhanced rate was reasonable and necessary to make ...

Tagged with: Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

A meat company was not entitled to an injunction preventing its landlord from initiating eviction proceedings because it had not shown that it complied with the terms of the parties’ agreement. Background Swift Beef Co. is a meat company that ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Per Curiam Opinion

Plaintiff bidder, who challenged defendant county’s decision to award a jail healthcare contract to another bidder, is not entitled to additional relief after the county canceled the award and withdrew the bid proposal. The demurrer, filed by the county and ...

Tagged with: Contract Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Where a trustee accepted a $20,900 bid at a foreclosure sale for property assessed at $436,800, the debtor has stated a claim for breach of implied fiduciary duties arising from a deed of trust. The circuit court erred by characterizing ...

Tagged with: Contract Justice Cleo E. Powell Supreme Court of Virginia

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Plaintiff’s home and its contents were completely destroyed by a house fire on June 15, 2017. He had purchased homeowners insurance from Windsor in 2014, including full replacement cost coverage. Plaintiff, who worked as a logger, submitted the claim to ...

Tagged with: Contract Franklin County Circuit Court Insurance Judge Clyde H Perdue Jr. Verdict

A holding company for a Madison County winery that defaulted on a commercial loan, and whose collateral was seized by the bank, could not assert the bank breached a contract because the company’s interpretation was contrary to the reasonable meaning ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia